Sanchez v. City of Belen

644 P.2d 1046, 98 N.M. 57
CourtNew Mexico Court of Appeals
DecidedApril 8, 1982
Docket5286
StatusPublished
Cited by7 cases

This text of 644 P.2d 1046 (Sanchez v. City of Belen) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. City of Belen, 644 P.2d 1046, 98 N.M. 57 (N.M. Ct. App. 1982).

Opinion

OPINION

LOPEZ, Judge.

The plaintiff brought suit against the City of Belen and the city councilmen, Boleslo Lovato and Gilbert Garcia in their official capacities, charging unlawful termination of employment and in violation of constitutional rights. Judgment was entered in favor of the defendants after a non-jury trial. The plaintiff appeals. We affirm.

The plaintiff presents two issues on appeal: 1. that the termination of plaintiff’s employment was unlawful as a matter of law; and 2. that evidence on cause of termination was inadmissible.

Gregorio Sanchez worked as a vehicle mechanic for the City of Belen for ten or eleven years. On March 7, 1980, Richard Aragon, the city manager, wrote Sanchez a letter stating:

At the request of Councilmen Boleslo Lovato and Gilbert Garcia your termination of employment as mechanic with the City of Belen is effective at 5:00 P.M. March 7, 1980.

Aragon prepared the letter without consulting Lovato, Garcia, any other council member or the mayor. He then read the letter at a city council meeting on March 7, 1980. He also tendered his own resignation that same night, but Aragon’s resignation did not take effect until April 7, 1980.

At the next city council meeting on April 7, 1980, the council approved the minutes of the last meeting, which included the letter to Sanchez. Then on April 22, 1980, the city council held a closed meeting at which the council unanimously adopted a resolution ratifying and confirming Sanchez’ discharge on March 7, 1980.

Unlawful Termination of Employment

Sanchez alleged that the discharge was contrary to law, a violation of his first amendment rights, his civil rights and a violation of a Belen ordinance.

Belen has a mayor-city council form of government as provided for in § 3 — 11—1 through § 3-12-4, N.M.S.A.1978. It also has a city manager, as allowed in § 3-13-3, N.M.S.A.1978. Section 3-13-3 states that the qualifications, duties and responsibilities of the city manager are the same as provided by § 3-14r-13 through § 3-1A-15, N.M.S. A.1978.

The sections setting out the power to discharge in this form of government are: § 3 — 11-6(D).

Subject to the limitation of a merit system ordinance adopted as authorized in Section 3-13-4 NMSA 1978:
(1) the governing body may discharge an appointed official or employee by a majority of all the members of the governing body,
(2) the mayor may discharge an appointed official or employee upon the approval of a majority of all the members of the governing body; or
(3) the mayor may suspend an appointed official or employee until the next regular meeting of the governing body at which time the suspension shall be approved or disapproved by a majority of all the members of the governing body * * *. (emphasis added).
§ 3-14-14
A. The manager shall:
(2) employ and discharge all persons engaged in the administrative service of the municipality.

Plaintiff argues that § 3-14-14(A)(2) provides that only Aragon, the city manager, could discharge Sanchez. Plaintiff’s discharge did not comply with the requirements of the statute, because it was not an independent, unilateral action on the part of the city manager; the two councilmen told Aragon to fire plaintiff, and they coerced Aragon by threatening his own job.

The plaintiff challenges the following findings of fact and conclusions of law:

Count I.
Finding 1. Gregorio S. Sanchez was employed as a mechanic for the City of Belen until March 7, 1980.
Finding 2. Gregorio S. Sanchez was terminated from such employment by Richard Aragon, in his capacity as City Manager for the City of Belen, on March 7, 1980.
Conclusion 1. That the City Manager for the City of Belen was legally authorized to terminate Gregorio S. Sanchez on March 7, 1980. Section 3-13-13 [sic], N.M.S.A. Annotated; Section 3-13-14A(2), N.M.S.A.1978 Annotated; City of Belen Ordinance No. 334, Section 3-c * *.
Count II
Finding 1. That Gregorio S. Sanchez was terminated for cause, to wit:
a. Gross absenteeism from work:
b. Low morale among co-workers due to Plaintiff’s gross absenteeism (sic);
c. Partisan political activity during working hours;
d. Unauthorized use of City equipment for personal use.
Finding 2. That Plaintiff’s political opinions and affiliations were not a cause for termination by the City of Belen.
Count III
Conclusion 1. That the City Manager for the City of Belen was legally authorized to terminate Gregorio S. Sanchez on March 7, 1980. Section 3-13-13 [sic], N.M.S.A.1978 Annotated; Section 3-14-14A(2) N.M.S.A.1978 Annotated; City of Belen Ordinance No. 334, Section 3-C

The plaintiff argues that only the City Manager had the power and authority to discharge the plaintiff, and that the attempted ratification by the city council was void, because the action of the manager was void at its inception.

However, there is no reason to interpret § 3 — 14—14(A)(2) to mean that only the city manager would fire Sanchez. Section 3-14 — 14(A)(2) imposes on the city manager the duty of hiring and firing “all persons engaged in the administrative service of the municipality”. There is no definition of “administrative service” in this area of the statutes. There is also nothing in that statute to indicate that the mayor’s and/or city council’s authority to discharge and employ under § 3-ll-6(D) is superseded by the city manager’s authority to discharge those persons in administrative service.

Therefore, § 3-ll-6(D)(l) can be applied in this case to the procedures followed in Sanchez’ discharge. The statute provides that a majority of the city council can discharge an employee. On April 22, 1980, the Belen city council unanimously voted to confirm Sanchez’ discharge. This action can be interpreted as a valid discharge under § 3-ll-6(D)(l).

The plaintiff argues that the council’s ratification of Sanchez’ termination was ineffective, because “[b]y ratifying the March 7, discharge, the council was adopting and confirming the illegal act on behalf of itself and therefore the City of Belen.” However, it is unnecessary to rely on principles of ratification to affirm the action of the city council in this case.

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Bluebook (online)
644 P.2d 1046, 98 N.M. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-city-of-belen-nmctapp-1982.